J as. 27,] 



THE NEWSPAPER. 



[1844. 



On hi* cross-examination he stated that all the reports 

 and documents forwarded by him to the Morning Herald 

 had been sent back for the purposes of the prosecution. 

 He also stated that he had received instructions from the 

 late proprietor of that journal to place himself in com- 

 munication with Mr. Kemmis, the Crown solicitor. He 

 admitted that he had been in the habit of embellishing his 

 reports, that he did not write short hand, that he generally 

 copied his reports from the notes of other reporters or 

 cut them out from the morning papers published the next 

 day after the meeting. At the close of the cross-examin- 

 ation of this witness, Counsel on the part of the traversers 

 applied to have his evidence altogether expunged, as upon 

 his own showing he was a totally incompetent witness. 

 The Court conceived the matter welJ deserving of consider- 

 ation, but the present was not the time to argue it. At 

 the close he distinctly and emphatically repudiated the 

 insinuation that he came forward in this case as a volun- 

 teer, or otherwise than upon due compulsion of law. 

 Mr. Moore applied for copiei of speeches which had 

 been read by the Crown witnesses, being their own reports 

 of these documents. The Attorney-General refused to 

 accede to this request, and the Court declined to inter- 

 fere—Mr. John Brown, the printer of the Repeal Asso- 

 ciation, was then examined by Mr. Moore for the Crown, 

 and depoaed to having printed various documents for the 

 Repeal Association, and for which he ha<l been paid by 

 Mr. Ray. Amongst the papers so printed were ■■ Rules 

 of the Committee for Considering the Constitution of the 

 Irish Parliament," •* Instructions for the Appointment of 

 Repeal Wardens," " Address of the Association to the 

 Inhabitants of Countries subject to the Britiah Crown," 

 Ac. They were all printed in the course of the present 

 year, but he could not state the particular time. 

 The document headed '• Instructions for the Ap- 

 pointment of Repeal Wardens" was produced and about 

 to be read by the Clerk of the Crown, upon which Mr. 

 M'Donuugh, one of the counsel for the traversers, con- 

 tended that these documents could not he received because 

 they were not included in the bill of particulars supplied 

 by the Crown to the traversers. The Attorney-General 

 argued that in a case of conspiracy there was no necessity 

 to state in the bill of particulars the evidence on which 

 the prosecution relied. After bearing Mr. Moore, Q.C , 

 for the traversers, and the Solicitor-General for the 

 Crown on the same point, the Court gave their deci- 

 sion for the admissibility of the documents. One of the 

 counsel for the traversers then intimated that it was their 

 intention to take a bill of exceptions to the decision of 

 the Court, and that there were authorities to show that 

 this course could be adopted in a case of misdemeanour. 

 Mr. Justice Crampton observed that "it would be difti- 

 cult to persuade the Court to entertain a bill of exceptions 

 in a case of misdemeanour." Another argument arose 

 respecting the admission of a second document, a letter 

 describing the new cards of men, hers of the Repeal Asso- 

 ciation, by the author of the ** Green Book." The Court 

 holding that a similar principle was involved in this ques- 

 tion ruled in favour of the* admission of the document. 



vtnth 1 y. — On Monday, at the opening of the 

 Court, the Chief-Justice announced that Mr. Justice 

 Burton was ill and ©cm Id not attend. The Counsel for the 

 traversers then demanded an adjournment on the ground 

 that the Court was in« nroplete and that the trials therefore 

 could not proceed. However the three Judges who were 

 present decided that the objection was bad. The first 

 business which occupied the sit r ng was the reading of a 

 paper by the Clerk of the Crown, which was put in and 

 proved on Saturday. It was entitled «' Plan for the re- 

 newed action of the Irish Parliament." It related to the 

 number of representatives to be assigned to each town or 

 electoral district. Several other papers which had been 

 previously authenticated were read. One of them was 

 entitled *' Rules to be observed by Arbitrators,*' a paper 

 which contained very minute directions for the construc- 

 tion of arbitration courts— how to regulate their proceed- 

 ings and carry them on without violating the law. This 

 made part of the report of a <>mmittee which was directed 

 to take this subject into its special consideration. There 

 was a recommendation made in the association that any 

 member who refused to submit to the jarfidiction of the 

 arbitrators should be expelled, but Mr. 0*Cow ell observed 

 to the Court that this proposal had never been adopted. 

 Copies of some of the summonses and other forms to be 

 Wed in the courts of arbitration were produced and 

 read, together with one of the placards issued for calling 

 upon the people to attend the meeting at Mullngh- 

 mast. It called upon the *' men of Leinster " to 

 remember that rallying place, and pointed out where 

 the " bands" and ' ravalry" were to assemble. The ex- 

 amination of the witnesses for the Crown was then re- 

 sumed. Mr. Thomas Packer, a lithographic artist, 

 proved the printing in the establishment of Mr. Holbrook, 

 a* printer in Dublin, of the various cards for the admis- 

 sion to the meetings of the Association of the members, 

 associate?, and volunteers, and also that he had made vari- 

 ous alterations in the designs of the cards at the suggestion 

 of Mr. Ray. On his cross-examination he stated that 

 Mr. Holbrook w»s printer to tie Gove rn m ent , and that 

 Government business was being executed at his j mises 

 at the same time that the Repeal cards were in eonrte of 

 preparation. Several persons pro 1 the delivery of the 

 cards at the Repeal Association Hall.— Mr. J. Click 

 M'Namara was then examined, sr.d stated that he was not 

 a professional reporter, but was employed by Captain 

 Despard, the stipendiary magistrate, to attend the meet- 

 ing at Tulfamote, in July last to report the proceedings. 

 At that meeting Mr. O'ConneU, Mr. Steele, and Mr. 

 J. O'Conne!! were present. The witness was about 



said he observed that two of the traversers were absent ; 

 he understood that they had left to attend a Repeal meet- 

 ing at the Conciliation Hall, and unless they attended 

 in court he must insist on their recognizances being 

 estreated. The two absentees (Mr. O'ConneU and Mr. 

 le) were sent for, and within a few minutes appeared 

 in court. The witness then read from his notes an 

 account of the meeting, and stated that he saw banners 

 and placards with the inscriptions, " See the conquering 

 Hero comes ;" " Ireland, her Parliament again— or the 

 world in a blaze." The placards were posted on the walls 

 of the town. — John Simpson Stuart a sub-inspector of 

 police, deposed to having^been present at the Tulla- 

 more meeting. There was an arch over the street on which 

 was written " The slave-master may brandish his whip, 

 but we are determined to be free ;" " Beware ! Physical 

 force is a dangerous experiment ;" " Repeal shall not be 

 put down by bayonets." On another arch was written, 

 M Ireland, her Parliament, or the world in a blaze," 

 "Ireland shall not be a serf nation;" "God save the 

 Queen," and other inscriptions. A great number of per- 

 sons went in procession with bands. There was also a 

 large body of horsemen who came in sections of four. 

 The evidence of the last witness as to the meeting having 

 taken place was substantiated by that of Mr. Neil Brown, 

 a stipendiary magistrate residing at Tullamore, who also 

 stated that there was no riot at the meeting, nor any dis- 

 urbance in the town until late in the evening. He 

 believed that all the bands which attended were temperance 

 bands. A head- constable named .Johnson gave evidence 

 as to the meeting at Longford on the 29th May, and the 

 display of various banners with similar inscriptions to 

 those at Tullamore. He also read notes of the speech 

 made by Mr. O'ConneU, in which he said he should not 

 be content while a single Riband Society existed in 

 Ireland ; that if the people were peaceable Ireland should 

 baft a parliament again ; and that they were then to go 

 home, and when he wanted them again he would let them 

 know. There were about 10,000 persons present. On his 

 cross-examination he stated that the people came into the 

 town shouting and leaping and brandishing their sticks. 

 They were in a "rage of excitement." He saw several 

 men on horseback who appeared to be priests, but he could 

 not say that they had sticks in their hands. He was 

 ordered on duty in plain clothes, for the police did not 

 dare to show their faces. 



Eighth Day. — On Tuesday the first witness was John 

 Maguire, a head constable of police. He was examined 

 by Mr. Bennett, and gave evidence as to the Longford 

 monster gathering. His testimony was much the same as 

 that of Johnson, the other constable, who was examined 

 the evening be r ore. They had been both sent from Sligo 

 by their superior officer to attend the meeting in plain 

 clothes to observe what took place. The witness deposed 

 that he saw the bands and marching of many in rank and 

 file order, and heard Mr. O'Connell's speech on the plat- 

 form, and the expression of his hope to the people that 

 they would come to him again when he wanted them, with 

 numerous other matters, which however had been all given 

 in evidence on a former day. The witness was cross- 

 examined by Mr. Hatchell amidst a great deal of merri- 

 ment. The questions put were intended to show that the 

 witness had no very exact knowledge of what he supposed to 

 be " marching in military order." The next witness was 

 Mr. John Jolly, a head constable of police attached to the 

 Cork district. His evidence had reference to the great 

 Mallow demonstration made on the 11th of June last. 

 He saw the procession pass, and.'never saw so many people 

 together in his life before. They were marshalled by 

 leaders and preceded by bands. He heard Mr. O'Con- 

 nell's speech, and remembered a few passages of it— the 

 first of which was that he (Mr. O'ConneU) had come to 

 tell the people a secret, and that there was enough of them 

 there to be able to keep it ; the secret was, that the Union 

 should be repealed by a certain date, which this witness 

 could not recollect. Ireland, he said, must be for the 

 Irish, for they were too numsrous, too temperate, and too 

 determined, to have it any longer kept from them. The 



House of Commons was an assembly of "bribers" Sugden 



was the man with an vgly name, and the Lord-Lieutenant 

 was so ignorant that he sent a commission to Kilkenny to 

 ascertain if it was not a^sea-port. They bad sent the sol- 

 diers to shoot them; but if attacked they would defend 

 themselves. The serjeants in the army were the best men 

 in the service or in the world, but they were the worst 

 treated . In the French army it was otherwise ; there they 

 were promo 1 to the rank of commissioned officers in 

 due course. When the Union was repealed all this would 

 be altered : then every labourer would become a farmer, 

 every farmer a gentleman, and every gentleman a lord. 

 The witness further said that Mr. O'ConneU asked the 

 people would they come again if he wanted them, and if 

 that they should raise up their hands. "A wood of 

 .nds," as the witness said, "was then immediately raised 

 up." Mr. Whiteside cross-examined this witness with 

 great humour and at immense length. The Court was 

 for some time convulsed with laughter. Another witness 

 was then called named Henry Godby, a policeman, who 

 gave some additional information touching the Repeal 

 eeting at Baltinglass. When the people were shouting 

 for O'ConneU he heard one of them say, " These shouts 

 are frightening the pigeons ; " « Ay," said aaother. "and 

 the Protestant! too." Several other police-constables 

 were called to give evidence as to the same meeting and 

 were cross-examined at great length. Witnesses were 

 now examined touching the meeting at Monaghan and 

 the Rev. Mr. Tierney. The witnesses were all police- 



intimating to him that the army wag now possessed 

 the'same enthusiasm as the people, and would join ia — * 

 ingXthe required separation. Another constable anay 

 Thompson gave an account of the Clontibret meetiat?!! 

 which Capt. Seaver was the Chairman, and of the 5^ 

 man's speech, wherein he asked the people if they fcyj 

 got Repeal cards ? "I have a reason for asking tJj 

 said he ; " other societies have signs and passwords, W| 

 know no better way for you to recognise each other tka 

 by producing Repeal cards." Mr. O'Neill Daunt nS 

 at this meeting and said, You shall have this laadsi 

 friends if you are worthy of it— and who dare saytb 

 you are not ? Look for any other object and you as* 

 series of battles to fight, but look for Repeal and J 

 have all summed up in one. We are here to-day toy 

 John Bull that Ireland shall be free for she deserves W 

 liberty. The witness was cross-examined at some let* 

 by Mr. Ilenn. There was a pause of some minuteia5 

 the examination of this witness ; and the Chief Jig* 

 desired a gentleman named Samuel Maunsell of |^ 

 son- street, to be called by the crier. His Lordea 

 explained to the court that he had been handed i lett« 

 written by this gentleman and addressed to the rU 

 Sheriff, which called for the immediate interposition 

 the Court. What was the purport of it was not ttaa 

 but it was understood to contain a challenge of a in- 

 offensive character. It was ordered that Mr. Mibs*. 

 should attend at the sitting of the court next morns* 

 A constable named W r alker was next called, who nn 

 evidence respecting the " Tara of the Kings " meetaf. 

 He was succeeded by Capt. Despard, resident magittns 

 of the county of Meath, who gave a detailed accounts' 

 the same meeting. He said he was an old military a* 

 and that the numbers collected at Tara amounted on tsil 

 very lowest calculation to 100,000. Witnesses were the 

 examined respecting the meeting at Clifden in Cosav 

 mara, but the " demonstration " was, with a few ilifk 

 modifications arising out of local circumstances, nearly tk 

 same as in all. The proceedings then terminated for it- 

 day and at five o'clock the court adjourned. 



Ninth Dag.— On Wednesday the Court again a 

 without Judge Burton who was still suffering from illness 

 The first witness was James Heley a sub-constable « 

 stated that according to his calculation there were 2 

 persons at the Mullaghmast meeting. He dea 

 the proceedings of the assembly, and identified a ptpr 

 sold amongst the crowd and which was of a most B- 

 flammatory character, it was entitled " A History of tk 

 great Massacre at Mullaghmast. 7 ' One of the inscrf 

 tions on the flags used on this occasion was u Mullajk 

 mast and its Martyrs, or a voice from the grave." TV 

 witness was cross-examined by Mr. M'Donagh at 

 admitted that the assembly met and separated peacet^ 

 and that there was neither riot, drunkenness, nor distat 

 ance during any part of the meeting. The Clerk of* 

 Crown was next called upon to read the paper ent» 

 " A History of the Massacre of Mullaghmast," prosM* 

 the witness ; but this was objected to by the triTenen 

 counsel who contended that the publication ought not 8 

 be considered as among their " responsibilities." "*• 

 not printed by any printer employed by them ; it was** 

 by hawkers among the multitude as a ballad oranyotfc 

 mere speculation of their own, and they maintained 1 in 

 there was no evidence to connect them with it. The U 

 however overruled this objection after argument and m 

 that it should be treated as any other part of the ttsa 

 actions. The Clerk of the Crown then read this IsU» 

 true account of the dreadful slaughter of 400 U tho» 

 who were basely and treacherously slaughtered by » 

 tyrants," &c. The next evidence offered for the tro* 

 was her Majesty's speech at the close of last ses8 *V 

 so much of it as deprecated the Repeal agitation in !«■* 

 To the reading of this also, Counsel for the d«a» 

 raised an objection ; but it was overruled, and that pus? 

 was read wherein her Majesty declared that u sheobtaw 

 with deep concern the efforts that were being »**^ 

 excite disaffection among her subjects in Ireland, w 

 cere conviction that the Union was no less necessary^ 

 the welfare of the whole kingdom than it was for I raj 

 and that she felt assured that her loyal subjects in 



count rv would use their exertions to discourage 



country would use their exertions to 

 utmost of their power the system of pernicious agi 

 which existed there." James Irwin a police constat 

 Liverpool was called to prove that copies of the t^ 

 from the Repeal Association to the subjects of the t> 

 empire in every part of the world, bad been p° 

 various parts of that town. The next witnesses 

 Messrs. Vernon and Cooper, two gentlemen 



a* 



situations in the Stamp Office, who were called to •*£ 

 ticate various copies of the Nation, Freeman's J*»T 

 and Pilot newspapers. Mr. Cooper could not recopj 

 the person of Mr. Duffy and was unacquainted * 



handwriting, and hereupon another long law ar J.j£ 

 ensued. The Court however ruled that the Act 

 liament relating to the subject was sufficiently <% 

 with. The reading of extracts from the PfP e y^ 

 commenced. The first article was one from the ^ ^ 



" but » 



hies 



rV.ir T V T T .V a\ 2" ™ about to verser, in which' it would seem that the Rev Gentleman 



read from his notes, when the Attorney-General rose and endeavoured to make the constable a convert to Rep™." 



men. One swore to a private conversation with the tra- 

 verser, in which] it would seem that the Rev. Gentlem 



fn«itled the M Morality of War 



Attorney 

 this oc 



morality of •« rebellion.'' This appeareu *» V""j ia# 

 of the 10th June. Traversers' counsel requirea 

 speech of Mr. O'Connell's published in the same.n 

 of the paper should also be read, an 

 made on the part of the Crown ; but •*—---» ^eta** 

 long discussion arose on two points : first, w ,^ 

 traversers were at liberty to require any p» rt J^ts* 

 of the contents of the paper or any other docum ^ 

 duced by the Crown to be given in evidence ; an gy§# 

 so, whether the evidence so adduced was to be 



in the same niflPJ 

 d no objection • 

 subsequently* 



